[2014] KEHC 4662 (KLR)
The court found that the murder was committed in a brutal manner and the incident was still recent, causing trauma to the deceased's family and witnesses. Given that the accused and witnesses are from the same locality, there is a real risk of interference with witnesses. Releasing the accused on bail at this stage...
Source-derived case information.
- Citation
- [2014] KEHC 4662 (KLR)
- Parties
- Respondent: Republic; Applicant: Japhet Kobia alias Karwamba; Applicant: James Kiunga; Applicant: Godfrey Karauri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 of 2013
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- application for bail dismissed
- Judges
- AM Cockar
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Witness Interference, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Japhet Kobia alias Karwamba
Applicant
James Kiunga
Applicant
Godfrey Karauri
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons should be released on bail pending trial for murder.
- 2 Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the murder was committed in a brutal manner and the incident was still recent, causing trauma to the deceased's family and witnesses. Given that the accused and witnesses are from the same locality, there is a real risk of interference with witnesses. Releasing the accused on bail at this stage would send the wrong message to the community and could intimidate potential witnesses. These factors constitute compelling reasons to deny bail under Article 49(1)(h) of the Constitution. The application for bail was therefore dismissed in its entirety.
Court Disposition
application for bail dismissed
Orders
- The application for bail or bond by the accused persons is dismissed in total.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 33 OF 2013
LESIIT, J
REPUBLIC
V E R S U S
JAPHET KOBIA ALIAS KARWAMBA...............…….1ST ACCUSED
JAMES KIUNGA...................................................2ND ACCUSED
GODFREY KARAURI............................................3RD ACCUSED
RULING
The three accused persons are charged with murder contrary to section 203 of the Penal Code. They have applied to be released on bail pending their trial. There is a formal application dated 2nd April 2014.
There are three grounds are cited in support of the application
The Application is supported by an affidavit sworn by Mr. Igweta Muriithi Advocate to the accused persons in which he deposes that the accused persons will attend court and abide by the bond terms once released on bond.
The State has filed a replying affidavit which is sworn by PC Bernard Korir the Investigating Officer dated 14th May, 2014. In it bail is opposed for reasons, inter alia, the deceased murder was brutal and that the incident was still fresh in the minds of members of the deceased family. He also deposes that since witnesses and accused come from the same place, they are likely to interfere with the witnesses.
I have considered the circumstances in which the deceased died. I agree with the Investigating Officer that deceased died of injuries inflicted in a very brutal manner. The events of the incident must be traumatizing. The incident took place five months ago. That is quite recent given the fact a human life was lost.
It is my view that releasing the accused persons on bail at this time will send a wrong message especially to the deceased family and witnesses in this case. That act alone can cause panic and serve as intimidation especially to potential witnesses.
I have come to the conclusion that there are compelling reasons not to grant the accused persons on bond. In the circumstances I decline to grant bail or bond to the accused persons and instead dismiss their application in total.
DATED SIGNED AND DELIVERED THIS 29TH DAY OF MAY 2014
LESIIT J
JUDGE